KLB CONSTRUCTION INC. 6/23/2010 - Laserfiche WebLink

i 1 2.3.3.4 Unknown Utilities When a utility interferes with the Work and is either(1) not identified on the drawings or(2) located in a I position significantly different from that specified on the drawings, Contractor shall follow the procedures of section 11. DIFFERING SITE CONDITIONS. Interference with the Work is defined as a utility that crosses or Projects into the plane of the Work at an elevation between the top and bottom of the work. If it is necessary to remove, relocate, or temporarily maintain the utility, that work shall be included in a I Change Order. The utility owner has the option of doing such work or permitting the work to be performed by the Contractor. In either case, the cost of the work incurred by or charged to the Contractor will be included in a Change Order. I2.4. SUBMITTALS Where required by the Contract Documents, the Contractor shall submit information which will enable the Owner's Representative to advise the Owner whether the Contractor's proposed materials, Equipment or I methods of work are in general conformance to the design concept and in compliance with the drawings and Specifications, such as catalog cuts and shop, working or detail drawings. In its submittals, the Contractor shall expressly and explicitly notify the Owner's Representative of any and all deviations from I the specifications. Without express and explicit notice of a deviation from the contract requirements, approval of a submittal does not relieve Contractor from complying with contract requirements. The Owner's approval of a submittal did not constitute a waiver of the contract requirements. The Owner or Owner's Representative shall respond to a Submittal within thirty(30) days of receipt. The Owner or I Owner's Representative may extend this time for good cause by notifying the Contractor. The Owner will not be obligated to accept or pay for work performed by the Contractor which may be affected by materials, Equipment, or methods of work not submitted in a timely manner so that final review can be I accomplished before the affected work is complete. The Owner shall not be responsible for delays, inefficiencies, or any additional costs or expenses caused in whole or in part by Contractor's failure to submit required information in sufficient time for review, comment, and correction. Contractor's failure to submit required information in sufficient time for review, comment and correction shall be deemed a I waiver of any and all Contract Claims for adjustment of Contract Sum or Contract Time arising out of, or related to, such a Submittal. Contractor acknowledges and agrees that it may not rely upon receiving the Owner's response to a Submittal in less than thirty (30) days, unless the Owner explicitly changes this I section by a signed Change Order. Requests for information or clarification from the Contractor to the Owner shall be treated as a Submittal. 2.5. CONTRACTOR'S COPIES OF CONTRACT DOCUMENTS The Contractor shall keep at the construction site at least one set of Contract Documents and one set of full-size drawings which shall be available to the Owner's Representative and Owner. 1 3. OWNER 3.1. GENERAL I The Owner, and the Owner's Representative, shall have the authority to act as the sole judge of the work and materials with respect to both quantity and quality as set forth in the Contract. It is expressly stipulated that the drawings, Specifications and other Contract Documents set forth the requirements as I to the nature of the completed work and do not purport to control the method of performing work except in those instances where the nature of the completed work is dependent on the method of performance. The Owner has the authority to act, do, perform, and make any all decisions and actions authorized by l the Contract Documents, including, but not limited to, Change Orders, progress payments, Contract decisions, acceptability of the Contractor's work, and early possession. The Owner has the authority to accept or reject requests for progress payments that have been submitted by the Contractor and recommended by the Owner's Representative. The Owner has the authority to make determinations of 1 the acceptability of the work. The Owner also has the authority to accept or reject the Owner's Representative's recommendations regarding retention of defective work. IEVERETT RIVERFRONT SURCHARGE GENERAL CONDITIONS PHASE 3 00710-7 i